HC allows senior IPS officer to go abroad

VIJAYAWADA: The high court on Thursday allowed the petition filed by senior IPS officer AB Venkateswara Rao to travel abroad and suspended the memo issued by chief secretary rejecting his application for earned leave.
The high court directed Venkateswara Rao to give an undertaking to the court about his travel dates and also file an affidavit upon his return.
Venkateswara Rao sought for permission to travel abroad on earned leaves for 41 days and submitted two separate applications to the director general of police (DGP) and the chief secretary. However, his application was not considered by the state government.
Aggrieved by the same Venkateswara Rao moved the high court contending that his application was kept in pending for more than 21 days. Senior counsel B Adinarayana Rao argued for Venkateswara Rao said that by virtue of an office memorandum issued by Union Ministry of Personnel and Training, if a decision was not taken on the application of an All India Service (AIS) member for travel abroad was not taken within 21 days, the permission is deemed to have been given.
However, the application for earned leave to which the petitioner is legally entitled has not been considered and kept in pending.
Adinarayana Rao sought directions to the state government to permit him to travel abroad as he has made plans to attend Telugu Association of North America (TANA) convention as a special guest and also scheduled to visit his family members in the UK.
On the other hand, government pleader for home V Maheswar Reddy argued that criminal proceedings are pending against Venkateswara Rao. Considering the arguments on both sides, the high court had earlier directed the state government to take a decision on Venkateswara Rao’s application by June 30. Subsequently, the state government rejected his application for earned leave under Rule 55 of fundamental rules.
Venkateswara Rao again challenged the rejection order given by the state government. Arguing on behalf of him, Javvaji Sharath Chandra said that the fundamental rules will not apply for AIS officers as they are governed under separate set of rules. He argued that the right to travel abroad is a fundamental right and also an important human right as recognised by the Supreme Court.
Maheswar Reddy opposed granting permission to travel abroad as the state government gave sanction for prosecution of Venkateswara Rao.
Justice Gannamaneni Ramakrishna Prasad observed that the sanction order for prosecution cannot be any ground for rejecting permission to go abroad. Referring to the landmark SC judgment in Maneka Gandhi case, Justice Ramakrishna Prasad held that the right to travel is part of fundamental rights.
Suspending the rejection order given by the chief secretary, the high court directed to permit Venkateswara Rao to travel abroad. The HC directed Rao to submit an undertaking to the court with his travel dates and also to file an affidavit confirming his return upon arrival.